Is a screenshot sufficient to prove Use in Commerce?

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Written by Tomas Orsula

Senior Trademark Attorney

Yes, in certain cases, a website screenshot can be submitted as a specimen of use to demonstrate the use of a trademark in commerce. However, it is important to ensure that the website screenshot meets the specific requirements set by the United States Patent and Trademark Office (USPTO) for acceptable specimens.

When using a website screenshot as a specimen, consider the following guidelines:

  • Proper Display: The mark should be prominently displayed on the website in a manner that associates it with the goods or services for which you are seeking trademark protection. The mark should be easily recognizable and legible.
  • Website Content: The website content should reflect actual use of the mark in connection with the goods or services. It should show that the mark is being used to promote or sell the products or services to consumers.
  • Acceptable Format: The website screenshot should be of sufficient quality and resolution to ensure legibility. It should accurately represent the appearance of the webpage at the time the screenshot was taken.

It's important to note that not all website screenshots may be accepted as specimens of use by the USPTO. For example, screenshots of placeholder or under-construction pages, non-functional pages, or pages that do not clearly demonstrate use of the mark in commerce are generally not acceptable.

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